Health Trending Topics

To help with your writing efforts, here’s what people are looking for in Health Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

Kaiser Pursues Insurers Over D&O Liability Coverage 

Consider writing about:

Kaiser Permanente’s lawsuit against nine insurers over the resolution of a False Claims Act case involving Medicare Advantage claims; background of, and key points in, that case; what to know about Kaiser’s D&O liability insurance tower, and how insurance towers work; basis for Kaiser’s lawsuit against its insurers; practical guidance for other insureds regarding D&O policies and the structuring of their insurance coverage.

When Are Individual Coverage Health Reimbursement Arrangements a Sensible Option? 

Consider writing about:

Individual coverage health reimbursement arrangements; how this form of health insurance coverage works; how popular ICHRAs are and how their rollout and adoption have performed over the years; how ICHRAs compare to other forms of health insurance coverage in terms of eligibility, administration, benefits, costs, etc.; whom ICHRAs are best suited for; potential pitfalls or other issues that employers or employees should consider before participating in this type of arrangement.

Who Is Casey Means and What Does She Stand For? 

Consider writing about:

Casey Means, President Trump’s choice for surgeon general; what to know about her current role, her professional and personal background, her credentials (or lack thereof), how she stacks up against prior surgeons general, controversies involving Means, who her allies or critics are, prospects for her confirmation, what to watch for from Means if she is confirmed, and perhaps a comparison between Means and other health-related appointees under the first or second Trump administration.

Related information:

https://thehill.com/policy/healthcare/5756339-trump-ex-surgeon-general-jerome-adams-casey-means-senate

https://www.nbcnews.com/health/health-news/casey-means-surgeon-general-rfk-social-media-persona-rcna260867

Kaiser Foundation Health Plan and DOL Reach $30M Settlement 

Consider writing about:

An approximately $30 million settlement that Kaiser Foundation Health Plan has reached with the U.S. Department of Labor; Kaiser practices or failures that led to investigations of the company and the subsequent agreement with the DOL’s Employee Benefits Security Administration; what other companies may be able to learn from this settlement as regards their own practices, policies, obligations, and risk management.

Related information:

https://www.dol.gov/newsroom/releases/ebsa/ebsa20260210

Calif. Jury Returns $382M Verdict Against Medtech Company in Antitrust Case 

Consider writing about:

A $382 million jury verdict against Medtronic in an antitrust case; conmpany practices that led to related litigation against Medtronic; what constitutes illegal bundling; any related litigation or enforcement trends involving alleged antitrust in the medical device sector.

Related information:

https://www.fiercebiotech.com/medtech/medtronic-hit-382m-antitrust-ruling-over-surgical-device-monopoly

Public Health Funding Gets Temporary Reprieve From Trump Administration Cuts 

Consider writing about:

An Illinois federal judge’s Feb. 12 ruling in a dispute over the Trump administration’s attempt to rescind $600 million in public health grants; programs and jurisdictions that stand to be affected by the cuts; whether other states have suffered similar cuts to public health funding or are currently wrangling over potential cuts by federal agencies; how states are coping with existing or potential funding cuts to public health initiatives; the Trump administration’s rationale for terminating related grants; likely next steps in the legal battle over threatened funding cuts.

Related information:

https://www.npr.org/2026/02/13/nx-s1-5713305/federal-funding-democratic-states-lawsuit

Takeaways From Latest J.P. Morgan Healthcare Conference 

Consider writing about:

This year’s J.P. Morgan Healthcare Conference; what to know about this annual event’s purpose and history; persistent or emerging challenges, noteworthy trends, or other interesting issues that were brought to light at this year’s conference; how this year’s event compared to past years’ gatherings; any additional practical guidance to be gleaned from the latest J.P. Morgan Healthcare Conference. Consider whether to focus on a particular segment of the healthcare sector, or whether to take a more wide-angle approach in your writeup.

New Developments Involving Generics Price-Fixing 

Consider writing about:

New or otherwise noteworthy developments involving price-fixing allegations against makers of generic drugs; what to know about price-fixing investigations by state attorneys general targeting the pharmaceutical industry; settlements, verdicts, or rulings of note; what else potentially affected individuals or entities should know about these developments.

Healthcare Providers Facing New Pressures as Battle Intensifies Over Gender-Affirming Care 

Consider writing about:

How legal battles are heating up over the provision of gender-affirming care to minors; Trump administration actions, lawsuits, state legislation, or other developments of note; how health care providers, minors, or their parents are grappling with policy changes, new restrictions, or other shifts in direction; what else health care providers should consider about their professional obligations and potential liability risks in the current atmosphere.

Related information:

https://www.npr.org/2025/12/24/g-s1-103603/19-states-sue-hhs-over-youth-gender-affirming-care

https://www.kcra.com/article/california-sues-rady-childrens-hospital-trump-administration-gender-affirming-care/70212248

https://www.nytimes.com/2026/02/03/health/gender-surgery-malpractice-varian.html

What’s in the Trump Administration’s ‘Great Healthcare Plan’? 

Consider writing about:

The Trump administration’s recently announced “Great Healthcare Plan;” key elements of the plan; how meaningful a step this plan may or may not be; prospects for the plan gaining any significant traction; likely challenges ahead for this endeavor.

Related information:

https://www.whitehouse.gov/greathealthcare

What to Know About FDA’s Effort to Speed Some Drug Reviews 

Consider writing about:

The U.S. Food and Drug Administration’s attempts to accelerate its drug review process; how the FDA aims to achieve this goal; how the National Priority Voucher pilot program compares to other federal efforts over the years to accelerate the drug review process; how drugs are selected for inclusion in the new pilot program; any legal or safety questions being raised regarding this FDA plan; what else the pharmaceutical industry or other interested parties should know about this FDA undertaking.

Related information:

https://apnews.com/article/fda-makary-voucher-drug-reviews-a3f550f229dc4ed196da9d1a2bc86bc3

https://apnews.com/article/fda-makary-voucher-drug-reviews-e7825a4820b7469fe2d71d989dfa1356

https://www.fda.gov/industry/commissioners-national-priority-voucher-cnpv-pilot-program

HHS Announces AI Strategy 

Consider writing about:

The AI Strategy released by the U.S. Department of Health and Human Services last month; main emphases of the strategy; what processes or entities stand to be noswt affected by the strategy; who will be shaping, guiding, and implementing the strategy; any potential areas of concern involving the AI Strategy; what external individuals or entities should be watching for on this front.

Related information:

https://www.hhs.gov/press-room/hhs-unveils-ai-strategy-to-transform-agency-operations.html

What to Know About the Health Information Privacy Reform Act 

Consider writing about:

The Health Information Privacy Reform Act (HIPRA); perceived need for the measure; HIPRA’s primary goals, current status, and prospects for passage; whom the measure would most affect, and how; what else interested parties should know about HIPRA and what they should be watching, or preparing, for.

Related information:

https://www.congress.gov/bill/119th-congress/senate-bill/3097/all-actions

How to Avoid Getting Burned Over Tobacco Surcharges 

Consider writing about:

Lawsuits over group health plans or workplace wellness programs that include surcharges on smokers; rationale used for implementing the surcharges; legal arguments being made against the surcharges’ use; how these lawsuits are faring in the courts; potential defenses or best practices to consider when implementing tobacco surcharges.

Health Care Industry: Year in Review, Plus a Look at the New Year 

Consider writing about:

The past year in review for the health care industry. Among the possible points to examine: what trends or other developments stood out to you in 2025 (and why); which (if any) set a precedent or came as a surprise or may signal the start of a trend; which are most likely to have the greatest long-term impact; and, given 2025 events, what should the health care industry be paying attention to now, as a new year gets underway?

University Reaches $10M Settlement Over Religious Exemptions From Vaccination Mandates 

Consider writing about:

A $10.3 million settlement reached in a dispute with a Colorado university’s medical school over requests for religious exemptions from the school’s COVID-19 vaccination mandates; factors that may have contributed to the hefty dollar size of the settlement; how this case compares to disputes in which other entities have found themselves sued over their vaccination requirements; how employers can best anticipate and prepare for objections to workplace vaccination rules; accommodation obligations and potential pitfalls to keep in mind; and perhaps a wider-angle look at religious discrimination claims overall in the context of the workplace, and how these types of claims are trending under the second Trump administration.

Related information:

https://denverite.com/2025/12/05/university-colorado-anschutz-covid-vaccine-lawsuit

Merger Trends to Be Aware of in the Healthcare Sector 

Consider writing about:

Merger trends in the healthcare sector (in the region or country of your choice). Choose among such topics as: regulatory scrutiny of proposed mergers or acquisitions; the emergence of SPAC-related transactions in the healthcare sector, or practical takeaways from either successful or thwarted M&A deals.

AT&T Sues Makers of Generic Drugs Over Alleged Price-Fixing 

Consider writing about:

A lawsuit filed by AT&T accusing dozens of generic drug manufacturers of price collusion; alleged impacts on employer-sponsored health plans; precedent for this type of lawsuit, and any noteworthy outcomes of any similar litigation; how employer-sponsored health plans can best manage the costs of drugs and other expenses.

Related information:

https://news.bloomberglaw.com/health-law-and-business/at-t-accuses-generic-drugmakers-of-price-fixing-in-new-lawsuit

What Employers Should Know About Fertility Benefits for Employees 

Consider writing about:

Employer-provided fertility benefits; how the availability of such benefits is trending; new guidance from the Trump administration regarding such benefits; what else employers should know about these types of benefits, in terms of plan options, structuring of benefits, legal obligations, potential pitfalls, and more.

Related information:

https://www.dol.gov/newsroom/releases/osec/osec20251016

Digital Health Executives Found Guilty in $100M Fraud Scheme 

Consider writing about:

This week’s convictions of two executives of a digital health startup; company practices that led to the charges in this case; in what way this fraud case marks a first; what this case may signal regarding legal risks or obligations on the part of telehealth companies; any other significant actions taken by the U.S. Department of Justice regarding the telehealth industry; wider-angle trends involving the DOJ’s pursuit of suspected fraud in the health care sector as a whole.

Related information:

https://www.justice.gov/opa/pr/founderceo-and-clinical-president-digital-health-company-convicted-100m-adderall

https://www.reuters.com/legal/government/us-jury-convicts-founder-adhd-startup-adderall-fraud-scheme-2025-11-19

Spread of Measles Revives Questions on Obligations, Best Practices 

Consider writing about:

Fresh concerns about measles outbreaks in the United States; related legal obligations, best practices, or potential pitfalls on the part of employers, schools, medical providers, or other entities or individuals; how minimizing measles-related harm may be complicated these days by federal government messaging, social influencers, or other factors; how employers can help keep their workers safe while minimizing legal risks for themselves.

Related information:

https://arstechnica.com/health/2025/11/cdc-data-confirms-us-is-2-months-away-from-losing-measles-elimination-status

Pharmaceutical Company’s Lawsuit Raises Questions About FDA Division Head’s Actions 

Consider writing about:

A controversy surrounding a former head of the U.S. Food and Drug Administration’s drug division; potential ethics issues involving Dr. George F. Tidmarsh’s actions while at the FDA; mechanism for internal ethics investigations at the FDA, and whether the prospects for an adequate internal investigation have been significantly undermined by widespread government layoffs and staffing changes; how unusual the claims against Tidmarsh may (or may not) be; potential courses of action for a regulated company if there is a suspicion that a regulator is causing deliberate harm to the company for personal reasons or otherwise.

Related information:

https://abcnews.go.com/Politics/fdas-top-drug-regulator-leave-resigning-citing-toxic/story?id=127119927

Implications of Ruling on Mifepristone Restrictions 

Consider writing about:

A Hawaii federal judge’s finding that the U.S. Food and Drug Administration violated the law by imposing restrictions on accessing mifepristone; basis for the judge’s decision; what to know about the FDA restrictions’ substance, history, and impact, as well as their status in light of the Hawaii ruling; what else health care providers, affiliated entities, or individuals should know about the current or evolving legal and regulatory landscape pertaining to medications used in connection with abortions or miscarriages.

Related information:

https://apnews.com/article/abortion-medication-mifepristone-hawaii-trump-fda-ruling-eb0f3d6985198f119bb7ffdceb2008a4

4th Circuit Overturns Opioid Ruling 

Consider writing about:

Last month’s ruling by a federal appeals court in a case involving the opioid-related public health crisis; key issues in this case; next steps for the litigation; how litigation over drug manufacturers’ actions related to the opioid crisis are trending; in particular, how public nuisance laws have come into play in opioid-related litigation.

Related information:

https://www.ca4.uscourts.gov/opinions/221819A.P.pdf

Health Systems Reach $29M Settlement Over Alleged No-Poach Agreement 

Consider writing about:

A $28.5 million settlement recently reached by two Pennsylvania-based health systems over an alleged no-poach agreement; key allegations in this case; what to know about the investigation and antitrust complaint by the U.S. Department of Justice in connection with the health systems’ business operations; any practical takeaways from this settlement for other health care entities as regards their own activities and potential areas of liability; related no-poach and antitrust trends involving the health care sector.

Related information:

https://www.newsweek.com/geisinger-evangelical-agree-285-million-over-alleged-no-poach-deal-2135062

Data Breach Trends in the Health Care Sector 

Consider writing about:

Recent or otherwise noteworthy developments involving data breaches of health care systems; additional data security issues involving software providers or other third parties; HIPAA obligations that may arise in connection with these types of incidents; any significant recent lawsuits, rulings, verdicts, or settlements; how data security risks may be evolving in an age of AI use, deepfakes, nation-state attacks, ransomware incidents, and other potential threats; how health care providers and related entities can best anticipate or minimize legal, reputational, and other business-related fallout stemming from data security failures — or, alternatively, what patients or other health care system users should know about their potential data vulnerabilities and their rights to information, compensation, or other forms of relief.

Cold, Flu, and COVID, Oh My! – Reminders on Employer Obligations 

Consider writing about:

Guidance for employers on navigating peak seasons – or other significant outbreak periods – for cold, flu, and/or COVID exposure among their workers; key points regarding paid and unpaid leave, remote-work requests, vaccination protocols, and the possibility that employer obligations could arise under either the Americans with Disabilities Act or the Family and Medical Leave Act. What do employers need to be thinking about now, before the next “bug” sweeps through their workplaces?

FDA Approves Generic Version of Abortion Pill 

Consider writing about:

The U.S. Food and Drug Administration’s recent approval of a generic version of the abortion pill mifepristone; when the generic is expected to become available to the public and how it is to be used; what the FDA’s approval illustrates regarding standard or common agency practices involving generics; the evolving landscape in the United States for abortion medications, their legality and accessibility; what else health care providers or their patients should know about this topic.

Related information:

https://www.npr.org/2025/10/02/nx-s1-5561155/fda-generic-abortion-pill

EPA Pursues Rollback of Drinking Water Standards Involving PFAS 

Consider writing about:

A proposal by the U.S. Environmental Protection Agency to change course regarding the presence of PFAS in drinking water; rationale for the EPA’s claim that some aspects of Biden-era rulemaking on drinking water standards were unlawful; how big a change the EPA rollback would represent; steps needed to reverse the regulatory standards; health concerns raised over PFAS in drinking water; what to know about the Safe Water Drinking Act; what industries should be watching for regarding government movement on drinking water standards; potential for litigation over a federal rollback; regional or local regulatory trends involving PFAS in drinking water.

Related information:

https://www.newsweek.com/epa-drinking-water-pfas-standards-10839033

Medical Exam Legal Risks for Employers [Ongoing] 

Consider writing about:

Medical exams required by employers in conjunction with the hiring process and potential or communicated job offers; applicable federal or state labor law protections; do’s and don’ts for employers regarding medical exams or related inquiries; related legal risks for employers involving job applicants’ disabilities or potential or new hires’ accommodation requests; instructive EEOC actions or court rulings on any of these points.